The 2010 revisions to the 1976 UNCITRAL Rules reconfirm the PCA Secretary-General’s mandate to designate an appointing authority. Under Articles 6 and 7 of the 1976 UNCITRAL Rules, for nearly thirty-five years the PCA has played a unique role among international institutions. These articles provide that if the parties cannot agree on an arbitrator or on an appointing authority, or if an agreed appointing authority fails to act, “either party may request the Secretary-General of the Permanent Court of Arbitration at The Hague to designate an appointing authority.” In practice, the Secretary-General of the PCA has not only designated other institutions and individuals to act as appointing authorities, but has directly acted in the same capacity.

Additionally, the Revised Rules entrust the appointing authority with responsibility for reviewing the determination of fees and expenses at the conclusion of a case. Article 40 requires the arbitral tribunal to fix the costs of the arbitration, including arbitrator fees and expenses. However, Article 41(4)(b) permits any party to request review of this determination by the appointing authority.